CLE Seminars

The Bonehead Play: Avoiding Costly Errors
Tuesday, May 29, 2018/10 a.m.–11 a.m. Pacific
Webinar on Your Computer
1 Ethics credit

In this unique presentation, Professor Mark Yochum uses the Bonehead Play as a backdrop to explore the issues that arise for lawyers when mistakes are made:

  • The importance of observing all of the rules, even those errors that seem like mere “technicalities”
  • How to respond upon discovering an error on your part
  • How to respond upon discovering another’s error
  • The importance of the concepts of civility and professionalism after the error has occurred

Click to register: $65

Basics of Cyber Attack Liability and Protecting Clients
Audio seminar via telephone
Wednesday, May 30, 2018/10 a.m.–11 a.m. Pacific,
1 General CLE credit

Every company that has a presence on the web or engages in e-commerce—order processing and payment online—or uses the Internet to store or transmit records of any type (including law firm files) is a data breach waiting to happen. With seemingly daily reports of malicious data breaches with government, credit card companies, banks, and others the victims, every company of smaller size is on notice that it may be next. When this happens, clients often turn to their lawyers and ask: What now—and are we liable? This program provides lawyers with a real-world guide to advising clients about data breaches—what they are, how to protect themselves legally, and what to do if it’s too late.

  • Framework of cybersecurity law—sources of liability under federal and state law
  • Understanding what constitutes a data breach and your client’s obligation to protect against breaches
  • State data breach notification laws—what you must disclose when a breach occurs
  • Practical development of policies, processes, and agreements to protect against—or respond to—a data breach
  • Risk of private causes of action and best practices to avoid
  • Developments in case law and enforcement activity

Click to register: $65

Claims and Litigation
Wednesday, May 30, 2018/Noon–1 p.m.
Live Seminar at the Oregon State Bar Center, 16037 SW Upper Boones Ferry Road, Tigard, or Live Webcast on Your Computer
1 General CLE credit

Part of the Lunch and Learn Series: “The Sky Is Falling!” (Maybe)—Insurance for Product Manufacturers

This series on insurance for product manufacturers looks at how companies can be more proactive in managing their insurance programs.

  • Notifying carriers directly vs. relying on brokers
  • Acceptance, denial, and reservation of rights letters
  • Panel counsel and cooperating with the insurer
  • The tripartite relationship and pitfalls
  • Working with insurers in “bet the company” litigation scenarios

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Choice of Entity for Service Businesses
Friday, June 1, 2018/10 a.m.–11 a.m. Pacific
Audio Seminar via telephone
1 General CLE credit

The familiar tradeoffs in choice of entity have been scrambled by the new tax law. Choice-of-entity decisions made recently or in the past may no longer be sound, particularly for service-based businesses. The new deduction for pass-through income applies to some types of businesses and income but not others. This major change to tax law and many smaller changes require rethinking the tax considerations of choice of entity for service-based businesses because of the new law’s substantial but uncertain impact. In some instances, this rethinking may cause a business to convert from one type of entity to another. This program is a real-world guide to choice of entity for service businesses with special emphasis on the new tax law.

  • Choice of entity for service-based businesses after the Tax Cuts & Jobs Act of 2017
  • How the new deduction for pass-through income applies to service businesses
  • What income and types of businesses are covered or not
  • Regulatory, industry, finance, and other nontax considerations
  • Using multiple entities to achieve variable ownership, management, and tax goals
  • Converting entities if a prior choice of entity is no longer sound
  • Counseling clients in a renewed era of uncertainty

Click to register: $65

Social Media Horror Stories From the Trenches
Wednesday, June 6, 2018/10 a.m.–11 a.m. Pacific
Webinar on Your Computer
1 General CLE credit

This webinar covers social media horror stories related to free speech, copyright, trademark, defamation, employment law, privacy, terroristic threats, cyberbullying, and even revenge porn. In all of these instances, the person could have easily prevented his/her problems if he/she understood the law or was more thoughtful about his/her word choices.

Remember—the law cares about what you said, not what you meant, and just because you didn’t get in trouble this time doesn’t mean you didn’t do something wrong. Ms. Carter shares two rules of thumb that will keep most people out of trouble most of the time.

Presenter: Ruth Carter is an Arizona lawyer who specializes in intellectual property and Internet law. In addition to running the Carter Law Firm, Ms. Carter writes extensively on Internet-related topics and is a speaker at legal conferences. She is the author of three books, including Flash Mob Law, and is a frequent guest speaker on radio, TV, and podcasts.

Click to register: $65

Patent Claims: Functional Claiming Law in 2018 and 2028
Wednesday, June 6, 2018/Noon to 1:00 pm
The Cleaners @ Ace Hotel: 403 SW 10th, Portland
Sponsored by the OSB Intellectual Property Section

Presented by John Vandenberg, Klarquist Sparkman, LLP, this CLE will propose practice tips to patent practitioners regarding functional claiming.  Topics will include intentional and accidental triggering of 112(f), whether uncertain triggering violates Nautilus, step plus function claims, triggering 112(f) as a possible defense to Alice, functional claiming and claim backdating, 112(f) claim diversity, and the benefits of some claims in a patent family reciting “means for” or “step for.”  John will discuss the governing law today and predictions for 2028.

John has been litigating patents for 34 years, including 27 years defending Microsoft in patent infringement actions. John has first-chair tried numerous IP infringement suits, argued a dozen appeals before the Federal Circuit, and successfully argued before the U.S. Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc. for rejection of the Federal Circuit’s “insolubly ambiguous” and “amenable to construction” test for indefiniteness.  John is the primary author of Patent Defenses, an extensive summary of substantive defenses and related strategies in patent infringement suits, posted at, and speaks throughout the nation on patent law, district-court patent litigation, PTAB patent trials, and patent appellate practice.

Fee: $20 without lunch; $43 with boxed lunch

Registration details

18th Annual Oregon Tax Institute
Thursday, June 7, 2018/9 a.m.–5:15 p.m.
Friday, June 8, 2018/8:30 a.m.–4:45 p.m.
Multnomah Athletic Club, 1849 SW Salmon St., Portland
11.75 General CLE credits and 1 Ethics credit
Eligible for CPE credits

Cosponsored by the Taxation Section.

This year’s tax institute provides resources to ensure you remain current on the ever-changing issues facing tax law practitioners, including the Tax Cuts and Jobs Act of 2017 (TCJA), recent state and local tax developments, and the latest federal income tax updates. Explore the effect of the TCJA on the selection of tax form and structure as well as international tax changes in the TCJA affecting US corporations and individuals. Examine common partnership merger and acquisition transaction structure that can raise difficult questions for partnerships and their partners. Learn how to manage tax basis today for the future. You’ll also receive tips for keeping your clients out of criminal trouble and gain an understanding of legal ethics issues particular to tax lawyers.

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Closely Held Company Mergers and Acquisitions
Tuesday, June 12, 2018, and Wednesday, June 13, 2018
10 a.m.–11 a.m. Pacific
Audio seminar via telephone
1 General CLE credit (each day)

Planning and drafting for the sale of a closely held company is different than for public companies. Agreeing on a valuation can be very difficult because there is no regular market of buyers and sellers and information on comparable sales is scarce. The companies are often financially structured to benefit a few shareholders, frequently members of a family, and require their financial statements and distribution policies to be normalized. There are can be substantial issues of liability, including successor liability in asset deals, requiring carefully crafted representations and warranties. Confidentiality is often essential in these transactions as sellers try not to unsettle existing commercial or workplace relationships. This program provides you with a practical guide to major planning and drafting considerations in the mergers and buyouts of closely held businesses.

Part 1—June 12, 2018

Click to register: $65

  • Major considerations in planning and drafting the merger or sale of a closely held company
  • Confidentiality considerations in the sale and negotiation process
  • How due diligence differs in the closely held companies—financial, operational, and workforce red flags
  • Types of transactions (stock vs. asset) and forms of consideration (cash vs. equity vs. asset exchanges)
  •  Valuing profitable companies in illiquid markets
  • Use or of “earnouts” to bridge the gap in valuation

Part 2—June 13, 2018

Click to register: $65

  • Representations, warranties, indemnity, and baskets—drafting issues common to closely held companies
  • Successor liability concerns where assets are transferred
  • Asset transfer issues—intangible assets, including intellectual property
  • Transition issues—management, employees, business relationship, contract issues
  • Escrow and post-closing issues

ABA Business Law Section Annual Meeting
September 13-15, 2018
Austin, Texas

Experience more than 90 CLE programs covering all areas of business law, connect and learn at substantive sessions, and experience Austin at premier social events where you can network with over 1,600 business law professionals.
Register on ABA website